Designing a “Special Court”: On solving the Italy-India conflict under the Law of the Sea


From Facebook:Subroto Roy hears the Italian PM say “We have started a political dialogue, we have pinpointed a road towards a rapid solution, either negotiated or reached judicially, reorganising the judicial itinerary”,and can only wonder if there is any better solution to the one I have proposed:–  a Special Court as asked for by the Supreme Court of India,

– perhaps housed in the Supreme Court in New Delhi,
– perhaps designated a UN Special Tribunal if necessary,
– consisting of four judges, two Indian and two Italian,
– (hence there is no further conflict over jurisdiction — and indeed both countries have concurrent jurisdiction requiring a cooperative approach in the interests of justice)
– with judges well-versed in the Law of the Sea (for example, Judge Rao and Judge Treves of the International Tribunal on the Law of the Sea)

– to calmly and objectively try the evidence of the case:

Was there murderous intent? Yes/No.
Was there criminal negligence? Yes/No.
Was there honest error? Yes/No.

That is it. Three questions are to be investigated for answers based on the evidence at hand.

This will require a **joint prosecution** — the Kerala police can give the experience of the victims, the Italian military prosecutor will be needed to depose the shooters themselves or otherwise ascertain the presence or not of mens rea. In any case, whatever the verdict, the men will return to the custody of the Italian military to serve any sentence.

The case will set a precedent in the Law of the Sea.

The personal nationality of the shooters and of the victims is wholly irrelevant — only the nationality of the vessels is relevant and the location in the waters. The shooters could have been nationals of a third country, the victims the nationals of a fourth. Italy has been disingenuous in claiming sovereign immunity saying they were military personnel — because the Italian vessel was not a warship but a merchant; and an Indian warship was within its rights under the Law of the Sea to arrest it and board it on suspicion of it having caused illegal violence on another vessel under Article 101 of the Law of the Sea: “Article 101 Piracy consists of …any illegal acts of violence … committed for private ends by the crew or the passengers of a private ship … and directed… on the high seas, against another ship … or against persons or property on board such ship…”. Equally, I do not think it salubrious if India has moved to designate an ordinary criminal court in Delhi as the Special Court required by the Supreme Court.   Neither the State of Kerala nor the NCT of Delhi has standing in law except as a witness as this is a matter of international law on the high seas between the Republic of Italy and the Republic of India.  The Supreme Court has asked for a *Special Court* to be established to try a case without known precedent in international law and diplomacy; it did not mean to merely change the venue from Kerala to Delhi.

My proposed design of such a Special Court may be the best there is.

Homicide at Sea: Which Vessel is the Pirate in the Italy-India Conflict?

Please see the current issue of the Denver Journal of International Law and Policy

http://djilp.org/3711/homicide-at-sea-which-vessel-is-the-pirate-in-the-italy-india-conflict/

Some two dozen rounds of a powerful automatic gun are suddenly fired from one vessel on the high seas onto another. The latter is an unarmed Indian fishing boat with nets cast. Two fishermen are killed on deck, some eleven are asleep below deck and are injured. The vessel has some 16 bullets on it. The shooter, an Italian oil tanker, departs the scene and apparently does not report to the closest maritime authority that it has fired at presumed pirates. But of course, it *itself* may be the pirate by the Law of the Sea convention because the specific gunmen might just have been, while on their long voyage, bored or drunk when they saw some dark thin figures in the distance in the water and thought they would get some target-practice for fun.  Viz., “Article 101 Piracy consists of …any illegal acts of violence … committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed…  on the high seas, against another ship … or against persons or property on board such ship…”.  These homicides that took place on the high seas may have been accidental (e.g. the gun jammed) or unintentional or deliberate murder, we do not know because the facts have not been allowed to be tried in court proceedings.

The fishing vessel returned weeping to port, the Indian Navy and Coast Guard to their credit engaged in hot pursuit, and managed to arrest the Italian vessel on the high seas, and the Italian vessel to its credit did not make a run for it but came into port.  Then the local provincial police arrested the alleged gunmen and charged them with murder etc under domestic law; and also refused to let the ship free until it had paid a bond etc.

Who has had jurisdiction? Italy or India? From the beginning I, on the basis of my little learning in 1973-74 under the late great Professor DHN Johnson at the London School of Economics, one of the authors of the Law of the Sea Convention being written at the time, said the answer was both — it is a case of *concurrent * jurisdiction, where Italy obviously has jurisdiction as it was an Italian vessel that caused the homicide at sea, while India too has jurisdiction as an Indian vessel was assaulted and India made the ship-arrest on the high seas.   The case needed clinical adherence to law and forensics by both countries in cooperative pursuit of the truth such that that elusive thing *the interests of justice* could prevail.

Italy rightly said the local domestic law of  *the land* did not apply, and the Supreme Court of India agreed with them. But Italy wrongly said India did not have jurisdiction at all, and the Supreme Court of India was clear that India had to create a *Special Court* for the purpose of a trial under international law.  *Had India not made the ship-arrest and prosecuted the case, the possible criminal act that may be involved in this homicide at sea would have disappeared altogether.*

Italy then asked for the two alleged gunmen to go home on parole for Christmas, the Supreme Court was assured by the Italian Government they would return to face trial, the Supreme Court granted them parole to do so, and they did return; some weeks later Italy asked for the two to go on parole again, this time to vote in their elections; again, with the same assurances, the Supreme Court of India allowed them to do so.

Now Italy has breached its undertaking to the Supreme Court and refused to return them, saying India is in breach of international law, and Italy has sent the alleged gunmen back to normal work without even any purported trial of facts in the case under Italian law or Italian military law.

The Italian Ambassador would normally be in clear Contempt of Court — except he has diplomatic immunity and cannot be arrested or prosecuted.  India, it seems to me, has no recourse but to take the drastic measure of declaring the Italian Ambassador and perhaps others of his staff *persona non grata*, and to expect an equivalent retaliatory measure from Italy, and for a chill in trade and business relations and tourism etc to set in for a while before things can get better.  Diplomatic expulsions need to demonstrate swiftness of purpose because they are a metaphor for warfare; waiting until March 22 because it is a court deadline or to give the other side a chance to respond is both tedious and silly. Besides, an expulsion is retaliated with by an expulsion usually; where it is not, it is the diplomatic equivalent of a military surrender.

It is an unfortunate rift in relations between friendly countries due to a random event on the high seas; it required the right application of international law to the facts, which neither Government separately or together managed to do; that was something I have feared and warned against from when it started.  In June, the local Italian Government consul asked to meet me and came to be fully apprised by me of what I thought the legal facts were and what could be done in the interests of justice. But they chose not to accept the advice.

Dr Subroto  Roy blogs at www.independentindian.com

See also
also http://independentindian.com/2013/03/19/solving-the-italy-india-conflict-lawfully-without-mutual-diplomatic-expulsions/

Life of my father, 1915-2012

From Facebook 20 May 2012:

Our endless topic of conversation remains my father’s death almost four months ago. He was a man like any other of virtues and vices. When he knew he was dying, we and his doctors did not; when we knew what he was dying of, he did not. I could not imagine a world in which he was not present and do not know how we coped. But what became clear in his last days, and indeed in his last months and his last years, is that his vices receded and vanished and his virtues came to the fore. That was through a conscious deliberate process he underwent in his last year or two of what I can only call philosophical reflection and self-examination, from a man who had never been remotely academic or philosophical or even fore-sighted. His final virtues were his deepest ones of courage and decency (feeling embarrassed at the difficulty he was causing me, and telling me so with his eyes as he could no longer speak), as well as magnanimity in forgiving me my infirmities. What a struggle it was for him to bring out his last coherent sentence some two weeks before he died in which he said “aami tomakey shorboda ashirbad kori”, or roughly, my blessings are always with you. It was really the last thing he said as clear as crystal.

I am reminded of what I happened to say in a 2001 review of a book

“T. S. Eliot in *Burnt Norton* seemed to speak of looking forward at life all the way to the point of death:

“At the still point of the turning world. Neither flesh nor fleshless;

Neither from nor towards; at the still point, there the dance is,

…Except for the point, the still point,

There would be no dance, and there is only the dance.”

Leavis drew attention to the religious meaning assigned to these lines by the critic D. W. Harding:

“For the man convinced of spiritual values, life is a coherent pattern in which the ending has its due place, and, because it is part of a pattern, itself leads into the beginning.”’

The first Governor of Bengal after the 1912 reunification of Bengal and East Bengal was the Scottish Liberal politician Thomas-Gibson Carmichael, the first (and apparently last) Baron Carmichael. This is a photograph of a 1916 visit he paid to Surendranath Roy’s home at Behala, Surendranath then being the Deputy President of the Bengal Legislative Council and probably the most influential officially recognised political statesman in Bengal at the time.

Surendranath’s younger son, Manindranath, is the bespecaled and moustachioed young man in the middle holding the child. If the child is a two or three year old, it would be my father’s elder brother; if the date of the photograph is late in 1916 and the child is a one year old, it would be my father.

My father seated perhaps c. 1919, with his elder brother..

My grandfather, Manindranath Roy (1891-1958) was a quiet enigmatic literary figure and artistic benefactor in Calcutta; he wrote very well and had excellent taste and manners (though was of foolish judgement in money and friends). This photograph is from about 1922 at Allahabad where he used to take his family on annual holiday. The little boy to the left behind his mother would grow up to become my father.

Manindranath is dressed in fine post-Edwardian fashion; at the time, his father, Surendranath Rai, was at the peak of his political career as first Deputy President and then President of the new Bengal Legislative Council. Surendranath was an orthodox Brahmin and chose never to wear Western-style suits and neck-ties, and he was thoroughly averse to the idea of dining with Europeans. Manindranath was the first to wear Western clothes, as well as to dine in Calcutta’s Western restaurants. There was tension between father and son due to such matters.

His mother Nirmala, 1900-1976, was a famed beauty of Uttarpara. She was married at age 9 to her husband who was 18, but the story went her mother-in-law slept between the couple for four years as he was constantly teasing her and pulling her hair. Finally the mother-in-law must have departed and she gave birth to her first son at age 13 and to my father at age 15.

Manindranath might have bullied his wife into posing for the risque photo below; his orthodox father would have almost certainly disapproved and forbidden it had he known.

Manindranath again in a photo with his wife that his father would almost certainly have disallowed. In the days before radio, Bengali society had literature and the arts to keep itself company (besides politics). Writing and reading poetry was a common hobby. Three principal literary journals were Bharatvarsha, Probasi and Bichitra. The long-standing editor of Bharatvarsha was Jaladhar Sen, and it was he who had introduced Sarat Chandra Chattopadhyaya to Manindranath when Sarat had returned (in impecunious circumstances) to Bengal from Burma, probably with a request that Sarat be supported and sponsored. We made a literary find a few years ago: a notebook of Manindranath’s that he had titled Mandakini. It contains some 51 poems and poetic songs composed between 1914 and 1936, from when he was aged about 23 to when he was 45. He has been dead fifty years now and no one knew of the existence of these poems until today. Nor had he told anyone of the work (perhaps because some of the poems are especially candid; his affairs of the heart outside his marriage were said to be notorious). Between about 1933 and 1943 Manindranath found himself facing trials and tribulations of such gravity and magnitude (caused in part by his own foolish squandering of his inheritance from his father) that he may have wished to forget, ignore or even regret his creative period. Many of the poems are recorded as having been published in literary journals of the time, like Bharatbarsha and Bichitra, and some are recorded as having been sung or performed on the new radio service of the time, especially around 1931…

My father with his elder brother and younger sisters, with their grandfather Surendranath c. 1927, on the front-terrace of the house Surendranath had built c. 1926.

I was surprised when he told me a few years ago he and his brother and cousins all wore dhotis right through college days. The sofa-chair is part of a set we use every day today.

This is a 1928 photo of the male members of the Roy Family of Behala, south of Calcutta, along with the children. Adult women would have been behind an effective “purdah”. The bearded patriarch in the middle is my great grandfather, the Hon’ble Surendra Nath Roy (1860-1929) the eldest son of Rai Bahadur Umbik Churn Rai (1827-1902). *The Golden Book of India* published at the time of the Victoria Jubilee said Umbik was the twelfth descendant of one Raja Gajendra Narayan Rai, Rai-Raian, a finance official under the Great Mughal Jahangir. Surendra Nath’s second son, my grandfather, Manindranath, is seated second from the right in the second row with spectacles and moustache.
The bright lad fourth from the left in the last row would grow up to be my father.

College days and then his first jobs, first with the Indian Oxygen and Acetylene Company (he knew nothing at all about chemistry), and then with the Tata Steel Company.

There seem to be large oxygen cylinders in the background of the picture at the top. He once told me that one came crashing down from a higher floor once and missed him by inches. That would have been the end of him, and our stories would not have begun at all. The lower photograph may have been with Indian Oxygen or the Tatas, I cannot tell for sure…He is standing dressed in a dapper cream double-breasted suit with a flower in his lapel-button it would seem; it suggests from his suit that the photo was dated 1936 at the Tatas, as that is written at the back of a previous photo in the same suit.

Posing with a friend c. 1937 perhaps outside the new Central Legislative building in New Delhi, which would later become India’s Parliament.

He left Indian Oxygen after a year to join the Tatas in Jamshedpur for half a dozen or so years. My mother’s father and brothers were all factory-men with the Tatas. Their family was completely different from his, being large and immensely happy with much song and studies and food and music. Her father worked with him and took a deep liking to the handsome aristocratic young man from the city, and invited him home often where he found a warmth and family-love he had not known before.

My parents married on 11 May 1942 during the war, with the Japanese bombing Calcutta. Soon thereafter my father joined the Government of India for the first time in the war-time Ministry of Supply.

The 1940 Lahore Resolution of the Muslim League did not mention the word “Pakistan” but is considered its political blueprint. MA Jinnah’s political support lay among the Muslim elite in Muslim-minority areas of India — he needed a show of support from the Muslim-majority provinces of Punjab and Bengal too, and indeed Sikandar Hyat Khan and AK Fuzlul Huq came to draft and present the Lahore Resolution.

Fuzlul Huq was Prime Minister of undivided Bengal from 1937-1943. On 11 May 1942, he led the bridegroom’s procession when my father went to wed my mother. Here is Fuzlul Huq entering the car to do so, with my grandfather Manindranath Roy helping him into the car. My mother’s family were surprised; they were Bengali Brahmins from Jamshedpur and did not quite know what to make of all this. My mother, aged 16 at the time, remembers she was non-plussed to find Fuzlul Huq ‘s bulky frame seated for some reason between her and her new husband in the car on the return journey too!

Fuzlul Huq, having been a young colleague of Surendranath Roy in the Bengal Legislative Council, was a family friend and treated my grandfather, Manindranath Roy, with affection. (Manindranath was a Justice of the Peace, but unlike his father was not political.)

Fuzlul Huq would apparently make requests of my grandmother for delivered meals during political confabulations; my grandfather’s family had been forced to leave Behala as the family home had been requisitioned by the military to be a hospital during the war, and they lived instead in Ballygunge. My father recalls cycling from there with the requested food to the political confabulations in the middle of the wartime blackout (Japanese aeroplanes had apparently reached Calcutta on their bombing missions).

Here too is a note dated 9 August 1945 from Fuzlul Huq to my grandfather thanking him for food and sending his “best blessings” to my grandmother — a Muslim, one of the founders of Pakistan, sends his blessings to an orthodox Hindu Brahmin family and everyone remains completely cheerful and apolitical: such was normal Indian secularism in practice at the time. Partition between India and Pakistan and the ghastliness that accompanied it, and the hatred and bloodshed that has followed, were all quite beyond anyone’s imagination at the time.

My parents and their eldest child Suchandra (Buju), about 1945-1946 on their way to Karachi where he headed a Ministry of Supply office. The single biggest thing my father did in his life happened here: returning from Karachi in late August 1947 as one of the last Govt of India officers there, he reported back to Shyama Prosad Mookherjee in Delhi that he had seen masses of Hindu Sindhi families huddled and camping out on the main road near the port and in danger of massacre (all the Hindu women dressed in black burkhas in fear, my father’s clerk was one Lalwani who took him around and begged him to do something); Mookherjee told him to prepare a note for the morning which he did overnight dictating to a typist, Mookherjee was a member of the Nehru Cabinet and put the note up there the next morning, the Nehru Govt sent three frigates from Bombay to Karachi the next day along with merchant vessels for a safe evacuation of the refugees… there was no massacre of the Hindu Sindhis in Karachi…. LK Advani and others  might make a note…

Perhaps because of the Karachi event, the young officer’s name came to be known in the small political/official world of Delhi at the time of Independence. I do not know how else the Mountbattens themselves came to invite him on 13 January 1948 or Prime Minister Nehru himself on 20 June 1948 in the official farewell to the Mountbattens. My father’s sensibility was such that he never made use of this in his later career in the new Indian Foreign Service that he would join some years later; I would have done, though I like him was never a careerist.

My father in 1952, now with the Ministry of Commerce as “Deputy Chief Controller of Imports and Exports”… He was a contemporary of Raj Kapoor, and met him and Dilip Kumar and Dev Anand in the Bombay of the times… We used to joke that perhaps he should have gone into the movies some time..

http://independentindian.com/2008/07/08/my-father-indian-diplomat-in-the-shahs-tehran-1954-1957/.

http://independentindian.com/2008/10/18/indira-gandhi-in-paris-1971/

http://independentindian.com/2011/11/07/my-father-after-presenting-his-credentials-to-president-kekkonen-2/

From Facebook, 5 February 2012:

It is a month ago today that my father was admitted to hospital, for the first time in almost 40 years. A day or so later we learnt he was terminally ill, and it is almost two weeks now that he died, just as these last doctors said he would. For more than a month before that we had been bewildered about what could be wrong, and what we were told came as a surprise, a shock, not least at our own infirmity and failure. From then until now I have been trying to understand and explain what happened. I published a book some 22 years ago with “On the Scope of Reason” in its title. I claim as my philosophical master someone who spent his life reflecting on the scope of reason, in moral philosophy, in theology, in life — and he claimed as his philosophical master someone who spent his life reflecting on the nature of reason and mind and the unconscious mind in particular. Before I ever entered economics or philosophy I had some knowledge of natural science, biology and chemistry in particular. My father’s death and our failure to comprehend it has needed an explanation that draws upon all this. Slowly that has been taking shape. It was definitely a lapse of rationality, on my part, on his, on his doctors’, and perhaps others. The thickening of the bladder wall had been noticed some years ago but was not paid adequate attention to. Out of wishful thinking, out of Aristotle’s akrasia or weakness of the will, out of a wish to choose the path of least resistance. There are lessons there for life and medicine and economics and political economy too.

From 1957,  Montreal, a cartoon by Vazar of Mike Roy, Indian diplomat, going about his business, mostly promoting Indian exports to Canada, especially tea…. (Note the CD for Corps Diplomatique and the hat…)

Thoughts on Indian Governance

From Facebook:

Subroto Roy believes the great optimism about the Indian Republic that he had felt as a 7-year old boy upon meeting Jawaharlal Nehru at Colombo Airport on Oct 13 1962 (the first days of the surprise Communist Chinese attack on India), has now dissipated, and apart from Nehru’s immediate successor (Lal Bahadur Shastri) all Indian Prime Ministers since then have been gravely, perhaps catastrophically, disappointing.

Subroto Roy thinks President Obama’s informed lawyerly academic approach to the Afghanistan decision, whether or not it has its intended good consequences, has a positive demonstration effect for other capital cities, e.g. New Delhi, where public policy decisions are too often made to appease special interest groups inside a cloud of meaningless rhetoric.

Subroto Roy says of India and China in summary discussion at Edward Hugh’s Wall: “Well, both have massive and energetic populations, each with relatively little capital per head; raising the capital per head with new production and exchange processes leads to growth. (But the nominal economies are weak, public finances are absymal and paper money is out of control.)”

Subroto Roy recalls again Pericles of Athens: “Here each individual is interested not only in his own affairs but in the affairs of the state as well; even those who are mostly occupied with their own business are extremely well-informed on general politics- this is a peculiarity of ours:we do not say that a man who takes no inter…est in politics is a man who minds his own business;we say that he has no business here at all.”

Finally, three months late, the GoI responds to American and Pakistani allegations about Balochistan

Just about three months ago, on April 27 2009, I ended an article here on Balochistan saying “The Government of India obviously needs to address Dr Fair’s claim and seek to squarely refute what she has said in these remarks”. The American analyst Christine Fair had alleged Indian involvement in Pakistan’s problems in Balochistan, and this had been something gleefully taken up by the Pakistanis (almost on a par with the psychotic delusion on the part of some in Pakistan that the Taliban were  really dressed-up Indians, see the quote from Jemima Khan’s  brilliant reportage in my article).

On July 21, India’s top foreign ministry official finally responded saying:  “…Prime Minister Gilani mentioned that Pakistan has some information on threats in Balochistan and other areas. Pakistan has been saying this but our hands are clean”.

Better late than never I suppose.

Subroto Roy, Kolkata.

Disquietude about France’s behaviour towards India on July 14 2009

The Indian press and media, especially the Government-owned part, exulted about Dr Manmohan Singh’s presence at France’s Bastille Day parade this year.   And of course it was generally a splendid occasion and there were things that the organisers of Indian military parades could have and should have learnt from it.   But there were two sources of disquietude.

Did anyone but myself notice that Dr Manmohan Singh had been placed on the left hand side of the French President?   Is that the place of a Guest of Honour?

Who was on the right hand side?  Germany’s President Horset Köhler.   Why?  Some French reports said Dr Singh was the Guest of Honour; others said both were.  Either way diplomatic protocol should have placed Dr Singh to the right of President Sarkozy.  If President Köhler too was an equivalent Guest of Honour through some last minute diplomatic mishap, he should have been to the right of Dr Singh.

France slighted India by placing Dr Singh to the left of President Sarkozy and still calling him the Guest of Honour.  (And why Dr Singh was invited was clearly not because of any new great power status for India but firstly to reciprocate the recent invitation to President Sarkozy last 26 January, and secondly, to gain advantage in business deals with India.)

Secondly, what business did a French paratrooper have to parachute out of an aircraft holding India’s tricolour and then, upon landing, drag it momentarily on the ground?  What business did two French paratroopers have to be holding the Indian  tricolour in a salute to the French President?

Again, France has slighted India.

I love Paris and I am generally Francophilic — except for such  instances of Napoleonic self-aggrandisement.

Subroto Roy

Kolkata

Postscript July 15:  Where her husband did not, Mme Sarkozy  did get the protocol  right, placing Mme Singh to her immediate right and Mme Köhler to Mme Singh’s right.

sarkozy


What is Christine Fair referring to? Would the MEA kindly seek to address what she has claimed asap?

Almost three years ago when the Baloch leader Nawab Bugti was killed by bombardment during the Musharraf-regime, I was moved to research and write a short analysis of Balochistan for the first time. I said inter alia

“because there are two million Balochis in Iranian Balochistan, Pakistan’s Balochi nationalists have had a declared enemy to their west in the Iranian Government ~ the Pahlevi regime even provided Italian-made American Huey helicopter gunships with Iranian pilots to help Bhutto crush the Baloch rebellions of the early 1970s. In fact, Balochi rebels have had no military allies except the pre-communist Government of Afghanistan under Daud, who ‘ordered the establishment of a training camp at Qandahar for Baloch liberation fighters. Between 10,000 and 15,000 Baloch youths were trained and armed there’ (R Anwar, The Tragedy of Afghanistan 1988, p. 78). The Governments of India or the United States lack motivation or capability to help, and Balochistan may be doomed to becoming a large human rights/genocidal disaster of the next decade. An independent Balochistan may be unviable, being overwhelmed by its riches while having too small, uneducated and backward a population of its own, and powerful greedy neighbours on either side… Today, the Pashtun of Pakistan and Afghanistan (as well as perhaps Sindhis of Baloch origin) may be the only interlocutors who can prevent a genocide and mediate a peace between Balochi nationalists and Musharraf’s ruthless Punjabi military-businessmen determined to colonize Balochistan completely with Chinese help, effectively subsidising their misgovernance elsewhere with Balochistan’s riches…”

Raja Anwar had been a close friend and associate of ZA Bhutto, the founder of Pakistan’s ruling party,  and his book on Afghanistan published 20 years ago is required reading.

The wonders of the Internet sent me back to this subject a few days ago when a Pakistani website claimed that the American analyst Dr Christine Fair of RAND said she had visited an Indian consulate in Zahedan, Iran, and alleged to her interlocutors that the consulate was “not issuing visas as the main activity” .

Dr Fair’s reported words seemed to me to be surprising, so I wrote to her seeking a confirmation that she had been quoted correctly, when the Pakistani website very kindly sent me the link to her words at a recent gathering of American and British observers discussing Pakistan.  This is what Dr Fair said at that gathering on this topic (emphasis added):

“I think it would be a mistake to completely disregard Pakistan’s regional perceptions due to doubts about Indian competence in executing covert operations. That misses the point entirely. And I think it is unfair to dismiss the notion that Pakistan’s apprehensions about Afghanistan stem in part from its security competition with India. Having visited the Indian mission in Zahedan, Iran, I can assure you they are not issuing visas as the main activity! Moreover, India has run operations from its mission in Mazar (through which it supported the Northern Alliance) and is likely doing so from the other consulates it has reopened in Jalalabad and Qandahar along the border. Indian officials have told me privately that they are pumping money into Baluchistan. Kabul has encouraged India to engage in provocative activities such as using the Border Roads Organization to build sensitive parts of the Ring Road and use the Indo-Tibetan police force for security. It is also building schools on a sensitive part of the border in Kunar–across from Bajaur. Kabul’s motivations for encouraging these activities are as obvious as India’s interest in engaging in them. Even if by some act of miraculous diplomacy the territorial issues were to be resolved, Pakistan would remain an insecure state. Given the realities of the subcontinent (e.g., India’s rise and its more effective foreign relations with all of Pakistan’s near and far neighbors), these fears are bound to grow, not lessen. This suggests that without some means of compelling Pakistan to abandon its reliance upon militancy, it will become ever more interested in using it — and the militants will likely continue to proliferate beyond Pakistan’s control.”

Now I have nothing to do with the Government of India and have no idea about the evidence relating to the precise facts being alleged here. But I do have some circumstantial evidence as well as  a personal reason to be curious, as my father was an Indian diplomat in Tehran during 1954-1957 and I was in fact born there.

I recalled him having told me he had travelled in that region and today he confirmed that he had in fact, from the Tehran Embassy as part of his official duties as Commercial Secretary and Consul, visited what was then an Indian Vice-Consulate at Zahedan, peopled by a single Indian Vice-Consul with whom he had spent two days.

That was more than 50 years ago — so the “Indian mission” that Dr Fair said she visited in Zahedan is far from being anything new whatsoever. In fact, I would predict it was probably something that existed during British India too and that it was precisely an outpost of British India issuing visas for anyone headed towards Quetta in what was then British Baluchistan.

Could the Consulate be upto anything else?  Hmmm, let’s see, how about assisting in the complex overall discussions, now apparently stalled or aborted, between Iran, Pakistan and India over the gas pipeline perhaps?

In other words, there might be any number of perfectly legitimate reasons for India to be represented in Zahedan as it has been for more than half a century — the allegation contained in the American discussion of India fomenting trouble for Pakistan in Balochistan may be entirely baseless.

Did India once support the Northern Alliance? Of course, as did Iran too, but that was all pre 9/11 during the extended Afghan civil war before the toppling of the Mullah Umar Government by the Northern Alliance allied with the United States! That is wholly a separate thing from any claim that India from Iranian soil has caused trouble in Balochistan.

Such an aspersion coming from such a source would be easily and delightedly picked up by those in Pakistan looking for exogenous explanations of their problems.   For example, if you watch the video of the ghastly murder of the Polish engineer Piotr Stanczak by the Pakistani Taliban, you will find a demented Pakistani commentator in the background disclaiming any Pakistani responsibility for it saying instead it was all India’s fault and India has been financing the Pakistani Taliban with “billions”!   (Postcript June 8 2009: Jemima Khan reported a few days ago: “Pakistan pulsates with conspiracy theories. One, which has made it into the local newspapers, is that the Taliban when caught and stripped were revealed to have been “intact, not Muslims”, a euphemism for uncircumcised. (Pakistanis are big on euphemisms.) Their beards were stuck on with glue. “Foreign elements” (India) are suspected.”)

Such is the extent of the psychosis.  “Delta Dawn, what’s that flower you have on…?”

The Government of India obviously needs to address Dr Fair’s claim and seek to squarely refute what she has said in these remarks.

Subroto Roy, Kolkata

Indira Gandhi in Paris, 1971

This is a photograph of Indira Gandhi emerging with Andre Malraux for a press-conference at the Embassy of India in Paris  in the Autumn of 1971.   (My father, pictured in the centre, had been posted to the Embassy  just a few weeks earlier in anticipation of the visit.  [My father recalls her asking him during or between one of these meetings, "Mr Roy, I am very hungry, can you please get me something to eat?", and he went and grabbed a small hotel plate full of peanuts which she devoured...])  Indira was making the serious diplomatic effort that she did in world capitals to avert war with West Pakistan over its atrocities in East Pakistan.  War could not be averted and within a few weeks, in December 1971, Bangladesh was born.

“Indira Gandhi’s one and paramount good deed as India’s leader and indeed as a world leader of her time was to have fought a war that was so rare in international law for having been unambiguously just. And she fought it flawlessly. The cause had been thrust upon her by an evil enemy’s behaviour against his own people, an enemy supported by the world’s strongest military power with pretensions to global leadership. Victims of the enemy’s wickedness were scores of millions of utterly defenceless, penniless human beings. Indira Gandhi did everything right. She practised patient but firm diplomacy on the world’s stage to avert war if it was at all possible to do. She chose her military generals well and took their professional judgement seriously as to when to go to war and how to win it. Finally, in victory she was magnanimous to the enemy that had been defeated. Children’s history-books in India should remember her as the stateswoman who freed a fraternal nation from tyranny, at great expense to our own people. As a war-leader, Indira Gandhi displayed extraordinary bravery, courage and good sense.” (From my review article of Inder Malhotra’s Indira Gandhi, first published in The Statesman May 7 2006 and republished elsewhere here under “Revisionist Flattery”.)

“She had indeed fought that rarest of things in international law: the just war. Supported by the world’s strongest military, an evil enemy had made victims of his own people. Indira tried patiently on the international stage to avert war, but also chose her military generals well and took their professional judgement seriously as to when to fight if it was inevitable and how to win. Finally she was magnanimous (to a fault) towards the enemy ~ who was not some stranger to us but our own estranged brother and cousin.  It seemed to be her and independent India’s finest hour. A fevered nation was thus ready to forgive and forget her catastrophic misdeeds until that time….” (From  “Unhealthy Delhi” first published in The Statesman June 11 2007,  republished elsewhere here).

Death of Solzhenitsyn

In Chapter 6 of my Philosophy of Economics, is to be found a quote from Solzhenitsyn: “(Also Solzhenitsyn: “Fastenko, on the other hand, was the most cheerful person in the cell, even though, in view of his age, he was the only one who could not count on surviving and returning to freedom. Flinging an arm around my shoulders, he would say: To stand up for truth is nothing! For truth you have to sit in jail!”)”.

Aleksandr Isayevich Solzhenitsyn, along with Andrei Dmitrievich Sakharov, were heroes of mine after I had left school in India in December 1971 and reached Paris where my father was with the Embassy.  My father had purchased Solzhenitsyn’s books and these I devoured eagerly at our then-home at 14 Rue Eugene Manuel, during breaks from my pre-University education at Haileybury College, across the English Channel.  We had been in Odessa before Paris, and in Stockholm before Odessa.  In 1969, we had travelled by ship and train from Stockholm via Helsinki to Leningrad, Moscow and Odessa.   In December 1967, my father had gotten me to fly to Stockholm through Moscow and stay for a day or two with a colleague of his during my winter holidays from India.  Moscow in December 1967 was celebrating the 50th Anniversary of the Bolshevik Revolution — I recall what the city felt and seemed like to me as a 12 year old: foreboding, awesome, intimidating.

Now in 1972-73 in Paris, the works of Solzhenitsyn and the example of Sakharov explained to me that brief boyhood experience of the USSR and a great deal more.

As it happens, the present PM of India, as a friend of my father’s, visited us at 14 Rue Eugene Manuel in the summer of 1973 at my father’s request to  advise me about studying economics (I was on my way to the London School of Economics as an undergraduate).  He stayed about 40 minutes during his busy schedule as part of an Indian economic delegation.  I was 18, he was about 41.  We ended up having a tense debate about the merits (as he saw them) and demerits (as I saw them) of the Soviet influence on Indian economic “planning”.  He had not expected such controversy from a lad but he was kindly disposed and offered when departing to write a letter of introduction to a well-known Indian professor at the LSE for me to carry, which I did.

The works and example of Solzhenitsyn and Sakharov built my youthful understanding of the USSR at age 17-18.  This contributed to my libertarianism at Cambridge University and later in America (until my experience of the American federal judiciary at age 37 or so).

When I mentioned my admiration for Solzhenitsyn’s work to Milton Friedman at a memorable luncheon at his San Francisco home in 1989, he said that they had been neighbours in Vermont though they had not interacted because of Solzhenitsyn’s desire to be reclusive.

Solzhenitsyn and Sakharov symbolised shoots of new life in the swamp that had been Soviet totalitarianism.

My father, Indian diplomat, in the Shah’s Tehran 1954-1956

On the reverse of this photo is stated the date, 8 July 1955, and “the King enquiring about Indian development projects after the ceremony”.   The person he is talking to is my father, then India’s Trade Commissioner in Tehran.  The  two photos below show Mohammad Reza  Shah Pahlevi striding by a line of guests (my father is seventh from the right in the line-up) and then meeting them.

The next photo is of  Reza Shah and his Queen Soraiya Esfandiary being greeted by a senior Sikh member of the Indian community.

India’s Ambassador to Iran, Dr Tara Chand, author of History of the Freedom Movement in India, accompanies Prime Minister Hossain Ala, probably at the Indian Embassy in Tehran (there is a map of India and the figure of Mahatma Gandhi on the right).

My father with members of the Indian community in Tehran.

See also

http://independentindian.com/2012/01/14/life-of-my-father-1915/

 

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